The Woodlands, TX estates & probate attorney Steven C. Earl discusses how you can ensure that your wishes are carried out if you become incapacitated. He states that when a person becomes incapacitated, they lose the ability to manage their property and make decisions regarding it, necessitating the appointment of a surrogate to act on their behalf. The law provides two primary options: designating someone as a power of attorney, which can be relatively unregulated and uncertain, or having a trustee of a revocable living trust manage the assets. He emphasizes that the latter option is generally far superior for individuals who may lose capacity. Establishing a revocable living trust with a trusted friend or associate as trustee ensures that the individual’s wishes are carried out effectively and reliably.
